High Court Affirms Supreme Court’s Celestium Ruling, Grants 45-Day Window to File Appeal Against Acquittal under Section 372 CrPC
Summary
| Category | Data |
|---|---|
| Case Name | ACQA/761/2019 of RAHUL NAGORI Vs ABHISHEK MAHAKALKAR |
| CNR | CGHC010403312019 |
| Date of Registration | 22-11-2019 |
| Decision Date | 02-09-2025 |
| Disposal Nature | DISPOSED OFF |
| Judgment Author | Hon’ble Shri Justice Deepak Kumar Tiwari |
| Court | High Court Of Chhattisgarh at Bilaspur |
| Bench | Single-Judge Bench |
| Precedent Value | Persuasive Authority (binds subordinate courts) |
| Overrules / Affirms | Affirms Supreme Court precedent |
| Type of Law | Criminal Procedure |
| Questions of Law | Does the proviso to Section 372 CrPC permit a complainant to file an appeal against an acquittal under Section 138 NI Act? |
| Ratio Decidendi | In view of the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 INSC 804), a complainant acquitted under Section 138 NI Act has a statutory right under the proviso to Section 372 CrPC to appeal the acquittal to the court ordinarily competent to hear appeals against convictions. The High Court, applying that binding principle, disposed of the acquittal appeal and granted the complainant a 45-day window to file such an appeal, directing the appellate court to waive limitation objections if the appeal is filed within that period. |
| Judgments Relied Upon | Celestium Financial v. A. Gnanasekaran, 2025 INSC 804 |
| Logic / Jurisprudence / Authorities Relied Upon by the Court | Right to appeal under proviso to Section 372 CrPC; limitation relaxed if filed within 45 days |
| Facts as Summarised by the Court | Appellant challenged a JMFC Raipur judgment dated 04.05.2019 acquitting the respondent under Section 138 NI Act; invoked the proviso to Section 372 CrPC post-Celestium decision |
| Citations | 2025:CGHC:44674; NAFR |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Chhattisgarh on appellate procedure under Section 372 CrPC |
| Persuasive For | Other High Courts on rights of complainant under Section 372 CrPC |
| Follows | Celestium Financial v. A. Gnanasekaran (2025 INSC 804) |
What’s New / What Lawyers Should Note
- High Court expressly applies Celestium ruling to Section 138 NI Act acquittals, confirming the complainant’s right to appeal.
- Grants a fixed 45-day period to file the appeal under the proviso to Section 372 CrPC, instructing the appellate court to overlook limitation objections if timely filed.
- Registry directives to return certified judgment and transmit records establish procedural clarity for filing the subsequent appeal.
Summary of Legal Reasoning
- The Supreme Court in Celestium Financial v. A. Gnanasekaran held that the proviso to Section 372 CrPC confers on a victim the statutory right to appeal an acquittal.
- The High Court noted the absence of limitation-bar if the appeal is filed within the period prescribed by the court-of-appeal.
- Applying that binding precedent, the Court disposed the acquittal appeal and reserved liberty for the complainant to file the appeal within 45 days, directing that limitation not be insisted upon.
Arguments by the Parties
Petitioner (Appellant–Complainant):
- Relied on Celestium Financial (2025 INSC 804) to assert right to appeal acquittal under proviso to Section 372 CrPC.
- Sought disposal of the appeal reserving liberty to invoke that statutory remedy.
Respondent (Accused):
No specific arguments recorded in the judgment.
Factual Background
Rahul Nagori filed an acquittal appeal (ACQA/761/2019) against the JMFC Raipur’s judgment dated 04.05.2019, which had acquitted Abhishek Mahakalkar under Section 138 of the Negotiable Instruments Act. Post the Supreme Court’s Celestium decision on 08.04.2025, counsel for the appellant invoked the proviso to Section 372 CrPC before the High Court.
Statutory Analysis
- Proviso to Section 372 CrPC: grants the victim a right to appeal against an acquittal.
- Limitation for filing such appeal is subject to court’s direction; here, a 45-day period was fixed with waiver of limitation objections.
- No other statutory provisions were interpreted.
Procedural Innovations
- Establishes a clear procedure: HC to grant time-limit and appellate courts to relax limitation in appeals under proviso to Section 372 CrPC.
- Directs registry handling of certified copies and record transmission to streamline subsequent appeal.
Alert Indicators
- ✔ Precedent Followed
Citations
- 2025:CGHC:44674
- Celestium Financial v. A. Gnanasekaran, 2025 INSC 804
- NAFR